Lake in the Hills Paternity Attorneys

 Child support in paternity cases is handled mostly in the same way as in marital cases with two exceptions. Pregnancy expenses may be awarded along with retroactive child support. Pregnancy expenses can be awarded to the mother if the case is filed within two years of the birth of the child. Although retroactive child support can be awarded in some martial cases it is awarded very scarcely. It is done this way because the assumption is that in a divorce case the father was already supporting the child throughout the marriage. In paternity cases the court has discretion to award retroactive child support based on the following:

• When the father learned that the child had been born; 
• Whether the father had previously been willing to support the child; 
• Whether the mother previously sought the father's assistance in supporting and raising the child;
• Whether the mother had a valid reason for not filing a paternity suit earlier; and 
• Whether the mother's delay in bringing the suit prejudiced the father. 

You can read about child support generally here: Child Support Explained, and Changes to Child Support Laws for 2017.

A paternity suit to establish a father-child relationship may be filed by the child, the mother, anyone claiming to be the child's father, or any individual or government agency that is providing financial assistance to the child.

‍By contrast, only the child's mother or the child's "presumed father" have standing to file suit to establish the non-existence of a father-child relationship.

‍Contested paternity suits can be filed before the birth of the child.  However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests. 

‍Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty.  However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts. 

‍Contested paternity suits can be filed before the birth of the child.  However, all of the proceedings will be stayed until the child is born, except for depositions to preserve evidence and blood tests. 

‍Suits to establish the existence of the father-child relationship may be filed until the child reaches the age of twenty.  However, the statute of limitations bars suits to establish the non-existence of the father-child relationship once two years have passed since the time that the father obtains knowledge of the relevant facts. 

‍In order to initiate a paternity suit, the petitioning party must file a petition to determine paternity in the circuit court of any county where any party to the suit resides.  The petition must then be served upon the responding party, along with a summons requiring him or her to appear in court on a particular date.

‍The child's legal guardian can represent the child in a contested paternity suit.  However, the court has discretion to appoint a guardian ad litem.  A guardian ad litem is an attorney appointed by the court to represent the child's best interests in the case. 

If there is no "presumed father," the existence or absence of a father-child relationship must be proved by the "preponderance of the evidence," meaning more likely than not. If there is a "presumed father," the presumption that this person is the father requires "clear and convincing evidence" to rebut, a higher standard than the preponderance of the evidence. ​If a party seeks to prove paternity after the death of a parent (usually for the purpose of inheritance), clear and convincing evidence is also required. ​​​If there is a Voluntary Acknowledgment of Paternity, there is a presumption of paternity that will become conclusive and cannot be rebutted if the acknowledgment is not rescinded within 60 days of signing or the date that the paternity suit is filed, whichever comes first.  

Read the full article by our Lake in the Hills paternity attorneys explaining paternity laws.